High Court enhances compensation to family of security guard attacked by three men at Metro construction site

The incident had occurred on January 20, 2012 when the victim Chinnaswami was guarding the Metro Station work compound at the KSRTC Bus stand, Majestic, Bengaluru.

Karnataka High Court has awarded an enhanced compensation of Rs 5.88 lakh with interest to the family members of a security guard who was attacked while on duty at the Majestic Namma metro construction site in 2012.

Justice CM Poonacha directed three entities, including Bangalore Metro Rail Corporation (BMRCL), to pay the compensation, while BMRCL has the liberty to recover the amount by it from the other two entities.

The appeal was moved by the wife and children of Chinnaswami, who was a security guard with the Canon Detective and Security Services. The BMRCL had entrusted the construction work at the Majestic Metro Station to GYT Coastal JV. It was stated that Canon Detective and Security Services had provided security services to GYT Coastal.

The incident had occurred on January 20, 2012 when Chinnaswami was guarding the Metro Station work compound at the KSRTC Bus stand, Majestic, Bengaluru.

At around 7 pm, three unknown persons attacked the deceased with deadly weapons and caused grievous injuries. The security guard sustained quadriplegia sensory loss of upper and lower limbs and succumbed to the injuries on October 31, 2016.

The tribunal under the Employees Compensation Act had awarded Rs 11,576, with 12 per cent interest, as compensation. Challenging this, the family members contended that all the respondents, BMRCL, Canon and GYT Coastal, are jointly and severally liable to pay the compensation.

On the other hand, BMRCL contended that the victim was neither employed by it nor by the contractor GYT Coastal JV.

It was further submitted that at best GYT Coastal JV and Canon Detective and Security Services are jointly and severally liable to pay the compensation.

The court noted that before succumbing to the injuries, the security guard had deposed before the tribunal stating that he sustained injuries to the spinal cord and was shifted to NIMHANS hospital for treatment.

He submitted that he would be in a vegetative state, unable to attend the basic necessities without any help from others.

Justice Poonacha noted that the BMRCL has entrusted the work of putting up construction to Coastal, who has in turn contracted with Canon for supply of security personnel to guard the construction material. 

“The respondents have not placed on record the agreements entered into amongst them, inter se, vis-à-vis the nature of entrustment of work. In any event, having regard to plain reading of the provisions of the Act, it is required to be held that the respondents are jointly and severally liable to pay the claim of the claimants.

In the event the compensation so paid by respondent No.1-BMRCL, it is at liberty to recover the amount paid by it from respondent No.3-Coastal, as also respondent No.3-Coastal is entitled to recover any amount paid by it from respondent No.2-Canon,” the court said.